informed delivery

‘Informed Delivery’ From The US Postal Service – New Potential Evidence

The United Stated Postal Service now offers a service called 'Informed Delivery.' With Informed Delivery, the USPS is able to scan your mail each day and send images directly to you.

Informed Delivery is Expanding Nationwide!

Informed Delivery was previously only available to eligible residential consumers in select ZIP Codes™ of several major metropolitan areas, including Atlanta, Baltimore, Chicago, Dallas, Detroit, Houston, Miami, Minneapolis, New York, Philadelphia, Pittsburgh, San Francisco, Northern Virginia, and Washington DC. Starting today, April 14th, Informed Delivery will be available in remaining ZIP Codes covering the majority of the United States, as shown on this map.

Informed delivery is free, but you must sign up for it and it is available only to residential consumers who have mail delivered to their homes and is not currently being provided to businesses.

New Form of Evidence

I'm looking forward to informed delivery which should prove to be a valuable new form of evidence in court cases. 

Whenever pleadings, motions or other documents are filed in court, the opposing side is supposed to be given a copy of whatever is filed. A certificate of delivery is usually required to be attached to the court filed documents certifying that the opposing side was mailed, email, hand delivered or otherwise given an exact copy of the documents. 

Some court documents, such as a motion for summary judgment must be responded to in writing and filed within a certain number of days; otherwise, the allegations contain within the motion for summary judgment are deemed admitted and the side that request the motion automatically wins.

I've had several situations as a pro se (self-represented) litigant, where an attorney has claimed to have mailed me documents that never arrived. I have suspected in certain instances that the documents were never actually mailed, most likely so that I wouldn't respond in a timely manner, resulting in the motion being granted, often resulting in the case being lost. 

Before informed delivery, there was absolutely no evidence that the other side did not mail the documents, it was simply their word against mine. Additionally, the opposing side could argue that even if I hadn't received the mailed documents, they could have been misdelivered or otherwise lost. Now with informed delivery, if there is no record of the letter containing the documents, a stronger point can be made in court that the documents were never mailed and the certificate of service was a false statement. 

It's been my experience that judges seem to be biased in favor of attorneys rather than pro se litigants and tend to side with the attorney who claims they did actually mail the documents. Informed delivery is a game changer.

At this time, images will be provided for letter-sized mailings that are processed through automated equipment. The plan is to include images of larger flat-sized mailings, such as magazines and catalogs, in the future. All USPS® customers have access to USPS Tracking® that enables them to track their household’s packages. Visit My USPS® for additional details on personalized package tracking.

An email will be generated each day your household receives mail that is processed through USPS®automation equipment. If no mail is processed through automation that day, you will not receive an Informed Delivery notification. Notifications are not sent on days when there is no mail to be delivered, or on Sundays or federal holidays.

Keep in mind it will also be harder for you to claim you mailed something if you didn't and it may be harder to deny you didn't receive certain mail if the post office has a record that it was scheduled to be delivered.

Only time will tell if judges or the rules of evidence will allow this new technology to be used as evidence.

Use the ZIP Code lookup tool to check if Informed Delivery is available in your area: https://informeddelivery.usps.com/box/pages/intro/start.action

Get up to 10 mail piece images in your morning email, which can be viewed on any computer or a smartphone. Get more mail than that? Additional images are available for viewing on your online dashboard – in the same place you track your packages! Don't worry if you are on travel; if you have email or online access, you can see much of the mail that will be delivered to your mailbox.

If you suspect your mail is stolen, you will know exactly what is missing when filing a police report. https://informeddelivery.usps.com/box/pages/intro/faq

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